actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

Commercial Landlords May Use Peaceable Lockout Re-Entry for Rent Default (and Plaintiffs Must Identify a Specific Contract and “Wrongful Means” to Prove Interference)

Date: May 21, 2026

Commercial Landlords May Use Peaceable Lockout Re-Entry for Rent Default (and Plaintiffs Must Identify a Specific Contract and “Wrongful Means” to Prove Interference) 1. Introduction Nolan v. Edison...

Finley v. Turner: Income Averaging Rejected for Support Calculations and Sole Legal Custody Disfavored Where Joint Custody Is Contemplated

Date: May 21, 2026

Finley v. Turner: Income Averaging Rejected for Support Calculations and Sole Legal Custody Disfavored Where Joint Custody Is Contemplated Case: Finley v. Turner, 2026 NY Slip Op 03147 (2d Dep’t May...

Settlor May Reduce a Beneficiary’s Share to Zero; Recorded Deed and Trustee Conduct Can Bar Later Challenges to Trust Revocation

Date: May 21, 2026

Settlor May Reduce a Beneficiary’s Share to Zero; Recorded Deed and Trustee Conduct Can Bar Later Challenges to Trust Revocation Introduction Matter of Malitz Family Trust v. Angarola (2026 NY Slip...

Geographic Limits in UK Derivative-Action Standing Are Procedural in New York; Forum Non Conveniens Dismissal Must Be Conditioned on UK Refiling Protections

Date: May 21, 2026

Geographic Limits in UK Derivative-Action Standing Are Procedural in New York; Forum Non Conveniens Dismissal Must Be Conditioned on UK Refiling Protections Commentary on City of Philadelphia Bd. of...

People v. L.F.: Hearing Required Where CPL 440.10 Motion Plausibly Alleges Trafficking-Victim Causation and Padilla-Based Mandatory-Removal Misadvice

Date: May 21, 2026

People v. L.F.: Hearing Required Where CPL 440.10 Motion Plausibly Alleges Trafficking-Victim Causation and Padilla-Based Mandatory-Removal Misadvice Court: Appellate Division, Second Department (New...

RPAPL 1304 Requires Separate 90-Day Notices to Each Borrower; Jointly Addressed Single-Envelope Notice Warrants Dismissal and Supports Renewal After Yapkowitz

Date: May 21, 2026

RPAPL 1304 Requires Separate 90-Day Notices to Each Borrower; Jointly Addressed Single-Envelope Notice Warrants Dismissal and Supports Renewal After Yapkowitz 1. Introduction Case: HSBC Bank USA,...

Matter of Cantin (2026 NY Slip Op 03162): Misappropriation and Escrow-Accounting Failures Warrant a Two-Year Suspension Despite Substantial Personal Mitigation

Date: May 21, 2026

Matter of Cantin (2026 NY Slip Op 03162): Misappropriation and Escrow-Accounting Failures Warrant a Two-Year Suspension Despite Substantial Personal Mitigation 1. Introduction Matter of Cantin is an...

Matter of Warner: Aggravated DWI Conviction Triggers Presumptive Public Discipline Absent a Successful Show-Cause Defense

Date: May 21, 2026

Matter of Warner: Aggravated DWI Conviction Triggers Presumptive Public Discipline Absent a Successful Show-Cause Defense 1. Introduction Matter of Warner (App Div, 2d Dept, May 20, 2026) is an...

U.S. Bank N.A. v. White: Time-Barred Addition of a Recorded Owner in Foreclosure Is “Patently Devoid of Merit” and Unexcused Delay Defeats CPLR 3025(b) Leave

Date: May 21, 2026

Time-Barred Addition of a Recorded Owner in Foreclosure Is “Patently Devoid of Merit” and Unexcused Delay Defeats CPLR 3025(b) Leave Case: U.S. Bank N.A. v White, 2026 NY Slip Op 03198 (2d Dept May...

Ex parte Spencer: HFOA Sentencing Discretion Cannot Be Nullified by Pharmacy-Robbery Parole-Ineligibility Language

Date: May 20, 2026

Ex parte Spencer: HFOA Sentencing Discretion Cannot Be Nullified by Pharmacy-Robbery Parole-Ineligibility Language Court: Supreme Court of Alabama Date: May 15, 2026 Case: Ex parte Altonio Spencer...

Unsworn Estate-Removal Petitions Do Not Divest Probate Jurisdiction: Intervening Circuit Orders Are Void and Not Retroactively Cured

Date: May 20, 2026

Unsworn Estate-Removal Petitions Do Not Divest Probate Jurisdiction: Intervening Circuit Orders Are Void and Not Retroactively Cured 1. Introduction Case: Thomas v. Thomas (SC-2025-0804), Supreme...

Wilder v. City of Hoover: Lujan Standing Bars Claims Against a Public Board Absent Causation, and a Board Cannot Displace the Mayor’s Statutory Appointment Power

Date: May 20, 2026

Wilder v. City of Hoover: Lujan Standing Bars Claims Against a Public Board Absent Causation, and a Board Cannot Displace the Mayor’s Statutory Appointment Power 1. Introduction In Wilder v. The City...

Kansas Rule: Courts Must Rule on Admissibility Before Relying on Contested Evidence (Forfeiture/Standing)

Date: May 20, 2026

Kansas Rule: A Court Abuses Discretion by Relying on Contested Evidence Without First Ruling on Its Admissibility 1. Introduction Case: State ex rel. Kansas Highway Patrol v. $381,620 in U.S....

18 U.S.C. § 2423(a) Requires “Intent,” Not a “Dominant Purpose”; § 1152 Non‑Indian Status May Be Proven by Unchallenged Family Testimony

Date: May 20, 2026

18 U.S.C. § 2423(a) Requires “Intent,” Not a “Dominant Purpose”; § 1152 Non‑Indian Status May Be Proven by Unchallenged Family Testimony Introduction Case: United States v. Thompson (Tenth Circuit,...

Apprendi/Alleyne Sentencing Claims Are Not “Illegal Sentence” Errors Cognizable Under Florida Rule 3.800(a)

Date: May 20, 2026

Apprendi/Alleyne Sentencing Claims Are Not “Illegal Sentence” Errors Cognizable Under Florida Rule 3.800(a) Case: Marcus Roland Maye v. State of Florida, No. SC2023-1184 (Fla. May 14, 2026)...

Jackson Sufficiency Review Includes All Admitted Evidence; Mistrial Motions Must Be Timely and Renewed After Curative Instructions (Shoffner v. State)

Date: May 20, 2026

Jackson Sufficiency Review Includes All Admitted Evidence; Mistrial Motions Must Be Timely and Renewed After Curative Instructions (Shoffner v. State) 1. Introduction In Shoffner v. State (Supreme...

Jackson v. Stevenson (Ga. 2026): Signatories Cannot Use Equitable Estoppel to Force Nonsignatories into Arbitration; Courts Decide Nonsignatory Arbitrability De Novo

Date: May 20, 2026

Jackson v. Stevenson (Ga. 2026): Signatories Cannot Use Equitable Estoppel to Force Nonsignatories into Arbitration; Courts Decide Nonsignatory Arbitrability De Novo 1. Introduction In JACKSON v....

Hodges v. State: Limited Body-Cam Identification Footage Admissible Under Rule 403; Arrest-Era Flight Is Intrinsic (No Rule 404(b) Notice) When Consciousness of Guilt Is Reasonably Inferred

Date: May 20, 2026

Hodges v. State: Limited Body-Cam Identification Footage Admissible Under Rule 403; Arrest-Era Flight Is Intrinsic (No Rule 404(b) Notice) When Consciousness of Guilt Is Reasonably Inferred...

Abebe v. State: No Miranda or Voluntariness Jury Instruction Absent Interrogation or Evidence of Coercion/Inducement

Date: May 20, 2026

Abebe v. State: No Miranda or Voluntariness Jury Instruction Absent Interrogation or Evidence of Coercion/Inducement Introduction In Abebe v. State (Supreme Court of Georgia, May 19, 2026), Hailu...

Richardson v. State — Party-to-a-Crime Driver Liability and Mutual Accomplice Corroboration Under OCGA § 24-14-8

Date: May 20, 2026

Richardson v. State: Driver Liability as a Party to Crime and Mutual Corroboration of Accomplice Testimony Under OCGA § 24-14-8 1. Introduction In Richardson v. State (Supreme Court of Georgia, May...